Attached files
| file | filename |
|---|---|
| 8-K - China Kangtai Cactus Bio-tech, Inc. | v172606_8k.htm |
Agreement
of Compensation for Removal
Party
A: Qitaihe City Land Storage Center.
Representative:
Wenlu Su
Party
B: Harbin Hainan Kangda Cactus Hygienical Foods Co., Ltd.
Corporate
representative: Jinjiang Wang
Address:
99 Taibei Road, Limin Economic and Technological Development Zone, Harbin,
China
Approved
by Heilongjiang Provincial Government, in need of rebuilding the Xinxing
District of Qitaihe City and in need of constructing flyover system in this
district, in accordance with the “PRC Law on Land Management”, “The PRC Land
Management Act Implementing Regulations”, “Heilongjiang Province Implementing
‘PRC Law on Land Management’ and Related Laws and Regulations”, Part A and Party
B comply with “Implementing Scheme of Compensation to the Take Over Land for Use
to Qitahe City Xinxing District Rebuilding and Construction of Flyover System”
(hereinafter referred to as “Compensation Scheme”). Based on equality, voluntary
and negotiated consensus the two parties reach the following
agreements.
I. The
conditions of buildings and accessories of Party B.
Pursuant
to the property certificate offered by Party B, comply with the relevant laws,
regulations and the “Compensation Scheme”, and checked by the two parties, the
conditions of buildings and accessories of Party B are conformed as
follows:
Location
of the building: Shuguang
Village, Xinxing District, Qitaihe City, Heilongjiang
Province.
The
property right of the building belongs to Harbin Hainan Kangda Cactus
Hygienical Foods Co., Ltd.
The use
of the buildings: Industrial
occupancy.
Total
number of floors of the building 3
floors
Building
accessories: (See Exhibit
I).
1
II. Mode
of compensation: Party B chooses the mode of currency compensation.
III.
According to the Compensation Scheme to confirm the amount of compensation as
following details.
Industrial
occupancy: According to “The table of confirmation to the conditions and
compensation to the industrial occupancy in the removal area of Qitahe City
Xinxing District Rebuilding and Construction of Flyover System” (Exhibit II) to
confirm as follows:
1. The
area of the land that is legally approved to use is 49,000 square meters,
after payment of registration fees to the land area, the subtotal of
compensation amount is 12,250,000
Yuan.
2. The
land area that is not approved is square meters;
the subtotal of compensation amount is Yuan.
3. The
construction area is 4,309.66 square
meters; subtotal of compensation amount is 20,686,344
Yuan.
4. The
construction area which is not approved square meters;
the subtotal of compensation amount is Yuan.
5. The
construction area of buildings which are built not approved by Planning and
Construction Department of the City within approved land use area is 608 square meters;
subtotal of compensation amount is 2,918,400
Yuan.
The total
compensation amount for industrial occupancy of the above items is 35,854,744 Yuan.
IV. The
compensation amount of building accessories.
The
building accessories will be compensated by currency, according to the executed
“List of Building Accessories”, the subtotal of compensation amount of building
accessories of Party B is 178,824 Yuan (See the
Exhibit I for the details).
VI. The
compensation for off production of the industrial buildings.
Compensation
fee for off production of industrial buildings confirmed as: 3,518.10 square
meters. To be calculated by 12 Yuan/square meter, and count by month, Party A
pays Party B compensation fee for 6 months at one time, the subtotal is 253,303
Yuan.
2
VII.
Housing relocation allowance
According
to the “Compensation Scheme”, Part A should pay one-time relocation allowance to
Party B as confirmed as follows.
Industrial
occupancy area is
3,518.10 square meters, calculated by 5.0 Yuan/ square meter for one
time, the subtotal is 17,590
Yuan.
IX. The
sum of the compensation for removal fees and the method of
settlement
The total
amount of compensation for removal fees to be granted to Party B is 36,304,461.00
Yuan.
Party B
chooses to be wholly compensated by currency. Upon the execution of this
agreement Party B should provide related materials and to finish related
registration procedures. Party A should make a one-time payment within 60
days.
XVI.
Dispute deposition
If the
two Parties has dispute in the implementation of this Agreement, they should
negotiate to resolve problems; If negotiation fails, each party has the right to
file a law suit in a law court of its jurisdiction.
XVII. The
parties should make a clear choice of all the option provisions in this
Agreement. This Agreement will be executed since the date Party A and Party B or
their authorized representatives sign on it. Both parties should abide by the
Agreement. The party who breaches and causes the other any loss must bear
related liability.
XVIII.
There are four copies of this Agreement. Three of them belong to Party A and one
belongs to Party B. The copies have the equal legal effect.
3
XIX. The
matters not mentioned in this Agreement should be executed according to the
relevant regulations in “Compensation Scheme”. If there are provisions not
included in the Compensation Scheme, Party A and Party B should sign a
supplementary agreement after negotiation. The supplementary agreement has the
equal legal effect.
XX. The
copies of the Agreement have the equal legal effect with the Agreement. The
Agreement, the contents of its exhibits, and printed words filled in the blank
has the equal legal effect.
XXI. All
the relevant data in this Agreement should be subject to the
Exhibits.
|
Party A (seal)
|
Party B (seal)
|
| Representative: | Representative: |
| dd/mm/yy | dd/mm/yy |
4
Exhibit
I: “List of Building Accessories”.
Exhibit
II: “The table of confirmation to the conditions and compensation to the
industrial occupancy in the removal area of Qitahe City Xinxing District
Rebuilding and Construction of Flyover System”.
Exhibit
I
List
of Building Accessories
The name
of possession of assets: Harbin Hainan Kangda Cactus Hygienical Food Co.,
Ltd. Date: 19/12/2009 Unit: RMB yuan
|
Number
|
Name
of the building and accessory
|
Struture
|
The
year of construction completed
|
Building
Area
M2
|
|
1
|
Plant
|
Brick
|
2005
|
2230.03
|
|
2
|
Office
builiding
|
Brick
|
2005
|
1383.56
|
|
3
|
Materials
library
|
Brick
|
2005
|
696.07
|
|
4
|
Boiler
|
Brick
|
2005
|
244
|
|
5
|
Storehouse
|
Brick
and wood
|
2005
|
348
|
|
6
|
Guard
room
|
Brick
|
2005
|
16
|
|
7
|
Air
purification systems and clean area projects
|
2005
|
2989.8
|
|
|
8
|
Plant
roads, greening works
|
2005
|
2971
|
|
|
Total
|
10878.46
|
5
Exhibit
II
The
table of confirmation to the conditions and compensation to the industrial
occupancy in the removal area of Qitahe City Xinxing District Rebuilding and
Construction of Flyover System
The name
of possession of assets: Harbin Hainan Kangda Cactus Hygienical Food Co.,
Ltd. Date: 19/12/2009 Unit: RMB yuan
|
Number
|
Name
of the building and accessory
|
Struture
|
The
year of construction completed
|
Building
Area
M2
|
Purpose
|
Relocation
compensation
|
Buildings
attachments compensation
|
Production
stop and termination of business compensation
|
Relocation
allowance
|
Total
|
|
1
|
Plant
|
Brick
|
2005
|
2230.03
|
Industrial
occupancy
|
10,704,139.20
|
160,562
|
11,150
|
10,875,851
|
|
|
2
|
Office
builiding
|
Brick
|
2005
|
1383.56
|
Industrial
occupancy
|
6,641,088.00
|
6,641,088
|
|||
|
3
|
Materials
library
|
Brick
|
2005
|
696.07
|
Industrial
occupancy
|
3,341,114.80
|
50,117
|
3,480
|
3,394,714
|
|
|
4
|
Boiler
|
Brick
|
2005
|
244
|
Industrial
occupancy
|
1,171,200.00
|
17,568
|
1,220
|
1,189,988
|
|
|
5
|
Storehouse
|
Brick
and wood
|
2005
|
348
|
Industrial
occupancy
|
1,670,400.00
|
25,056
|
1,740
|
1,697,196
|
|
|
6
|
Guard
room
|
Brick
|
2005
|
16
|
Industrial
occupancy
|
76,800.00
|
76,800
|
6
|
|
|
7
|
Air
purification systems and clean area projects
|
2005
|
2989.8
|
Industry
|
89,697.00
|
89,694
|
||||
|
8
|
Plant
roads, greening works
|
2005
|
2971
|
Industry
|
89,130.00
|
89,130
|
||||
|
9
|
Land
use right
|
49000
|
Industry
|
12,250,000.00
|
12,250,000
|
|||||
|
Total
|
59878.46
|
35,854,744.00
|
178,824.00
|
253,303.00
|
17,590.00
|
36,304,461.00
|
7